Dallas Assault Attorney

Are You Looking for the Best Dallas Assault Attorney?

If you’re looking for the best Dallas Assault attorney, then Paul Saputo and Nick Toufexis want to represent you. Award-winning lawyers Paul Saputo and Nick Toufeis relentlessly defend our clients in Dallas Assault cases, ensuring that the firm explores every possible available defense strategy.

Texas police make arrests for Assault frequently and in a variety of settings. An Assault charge is common in courtrooms across Texas, and it is much broader than most people realize. It is not necessary for you to have made physical contact with someone in order to be arrested on a simple assault charge. Assault allegations can stem from various actions considered threatening, violent, or offensive. The term “simple assault” is misleading because no assault case is straightforward.

The Saputo Toufexis | Criminal Defense team seeks to represent discerning clients who value our commitment to achieving outstanding results. Our attorneys have dedicated their careers to criminal defense and maintain an unwavering dedication to delivering expert representation.

We’re not just Dallas Assault lawyers. We are warriors fighting unjust and corrupt government prosecutions with a history of success and a reputation for tenacity, courage and legal ingenuity.

In addition to our notable high-profile victories, our history of success also includes inconspicuous representation of numerous high-profile clients. Indeed, many of our biggest wins involved disposing of these cases quietly and out of the sight of the public. If you’ve been arrested for Assault, it’s crucial to promptly retain legal representation to safeguard your rights against the vigorous prosecution by the state. Remember, you are presumed innocent until the Dallas District Attorney proves their case in court.

Our experienced team is here to defend your rights and provide the guidance you need. Don’t navigate the criminal justice system alone. Call us today to take the first step toward your peace of mind and a strong Dallas Assault defense.

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Contact a Dallas
Assault Lawyer

When you are ready to fight your case with us, schedule online or call us at 888-239-9305 to book a free, confidential consultation.

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Choosing The Right Dallas Assault Lawyer Can Make A Huge Difference In Your Case Result

Why would you hire a former prosecutor? Surprisingly, some people believe that former prosecutors provide some special advantage. However, many of these attorneys seem to quickly push clients to a plea deal. If you really want someone who will fight for you or your loved one, get an attorney who has dedicated their life to protecting the accused.

At Saputo Toufexis | Criminal Defense, we are defense lawyers, first and foremost. We stake our reputation on bringing the fight to the state. We have never worked for the government and never will. Learn more about our team, awards, and some of our victories.

How do I get an Assault charge dropped in Dallas, Texas?

In order to get an Assault charge dropped in Dallas, you must convince the state that they cannot prove at least one of the elements of the offense as it is defined in Penal Code §22.01.^[1] Our lawyers are experts in the Texas law regarding Assault, and we leverage our legal knowledge to mount successful defenses to government prosecutions.

Thoroughly understanding both the Assault statute and related case law contributes to effectively defending you in court. As part of our practice, we publish and regularly update a statutory resource guide covering all Texas Penal Code crimes. We analyze the Assault statute in detail on the Assault offense page. We also maintain our expertise by keeping up with the latest case law affecting Assault cases in Dallas.

One such case is Acosta v. State.

Acosta v. State

In Acosta v. State, delivered on November 4, 2021, by the Court of Appeals of Texas Fifth District Dallas, Jose Alberto Rivera Acosta appealed the trial court’s judgment from Dallas County, which, after revoking his deferred adjudication community supervision, sentenced him to five years’ imprisonment for the third-degree felony offense of family-violence assault, enhanced by a prior conviction. Acosta’s appeal contested the trial court’s admission of jail call records over his objection and challenged the validity of his five-year sentence as “outside the range of punishment due to an improper enhancement” from alleged ineffective assistance of counsel in the prior case.

The case centered on an indictment that Acosta “intentionally, knowingly, and recklessly caused bodily injury” to Julie Vasquez in June 2018, further compounded by a prior conviction for assault involving family violence in February 2018. The court’s decision to admit jail call records, despite Acosta’s hearsay objections, and the resulting five-year sentence formed the basis of his appeal. The appellate court found that while the admission of one of the exhibits was an abuse of discretion due to hearsay, it did not affect Acosta’s substantial rights, as he had admitted to other contact with Vasquez that violated his community supervision conditions.

Ultimately, the appellate court affirmed the trial court’s judgment. It held that Acosta’s sentence was within the statutory range for the enhanced offense, given his prior conviction, and that his ineffective assistance of counsel claim was not sufficiently demonstrated within the record to overturn the sentence. The decision underscores the importance of evidentiary rules in probation revocation hearings and the challenges of appealing on the grounds of ineffective assistance without a clear, supporting record.

What is “ASSAULT CAUSES BODILY INJ“? What is “ASSAULT CAUSES BODILY INJURY FAMILY VIOLENCE“? What is “ASSAULT CAUSES BODILY INJ DATE/FAMILY/HOUSE“? What is “ASSAULT CAUSES BODILY INJURY“?

Assault offenses appear on the Dallas County court docket as:

ASSAULT CAUSES BODILY INJ
ASSAULT CAUSES BODILY INJURY
ASSAULT CAUSES BODILY INJURY FAMILY VIOLENCE
ASSAULT CAUSES BODILY INJ DATE/FAMILY/HOUSE

Simple Assault is marked on the court docket as “ASSAULT CAUSES BODILY INJURY” or “ASSAULT CAUSES BODILY INJ” when the simple assault is alleged to have resulted in some kind of bodily injury to the victim. “ASSAULT CAUSES BODILY INJURY FAMILY VIOLENCE” is a Family Violence (aka domestic violence) case. Learn more about Assault charges and Enhancements

What does an Assault charge really mean?

The general definition of the Texas charge of Assault, according to the Texas Penal Code, is as follows:

(a) A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person‘s spouse;

(2) intentionally or knowingly threatens another with imminent bodily injury, including the person‘s spouse; or

(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Learn more about the Texas Assault law.

A more severe form of assault is Aggravated Assault. According to Texas law, Aggravated Assault occurs if an individual commits assault and either causes serious bodily injury, including to their spouse, or uses or displays a deadly weapon during the assault.

How can an Assault charge be enhanced?

Texas law provides numerous ways for the Assault charge to be enhanced. These include the deadly weapon enhancement, many enhancements related to the status of the victim (for instance if the victim was a peace officer or family member), and the new human smuggling enhancement. Learn more about the enhancements applicable to Assault.

Law Enforcement Agencies in Dallas that Make Assault Arrests

Peace officers with the Texas Department of Public Safety, constable offices, and municipal police departments can make arrests for violations of Assault in Dallas. Law enforcement agencies in Dallas that most typically make Assault arrests include:

• The Dallas County Sheriff’s Department handles Assault cases throughout Dallas County.
• Dallas Police Department serves as the primary municipal police department within Dallas County and plays a significant role in Assault enforcement.
• Irving Police Department also contributes to investigating Assault cases within its jurisdiction in Dallas County.
• Mesquite Police Department serves the community of Mesquite within Dallas County and may handle Assault cases within its jurisdiction.
• Grand Prairie Police Department is responsible for law enforcement within Grand Prairie and contributes to investigating Assault cases within its jurisdiction.

How do I win an Assault case in Dallas?

To beat an Assault charge in Dallas, Texas, you will inevitably have to face both the complaining witness and the police officers who investigate the case. We will prepare a thorough and aggressive defense that takes into account all of the facts and circumstances, and we can use all of the resources that are available to the state–and even resources that the state never thought to use.

Even if you believe you cannot beat the case, as your Dallas Assault attorney, we will look for every avenue to help you. If you want to plead guilty, we must still fight to protect your rights. We want to ensure that the case does not ruin your life. Sometimes the defense strategy requires us to get the best possible result short of a not guilty verdict.

Dallas Assault Attorney Case Defense Strategy

Sometimes Assault charges arise in cases of mistaken identity. A common scenario that we see here would be a bar fight in which a victim is injured, and the victim knows they were assaulted, but they identify the wrong person. In defending our clients against Assault charges, we conduct a thorough and independent investigation into the facts of the case and regularly subpoena records and interview witnesses.

However, there are many ways to defend people accused of Assault charges, and you should consider all of them with your Dallas Assault attorney. In addition to the possibility of a false accusation, in a Dallas Assault case, you may also be able to plead an affirmative defense or justification like self-defense or mutual consent.

Chapter 9 of the Texas Penal Code lists certain justifications that apply specifically to Assault cases, but they also apply to any criminal offense involving the use of force.

Self-Defense

Many of our clients were arrested and charged with assault when they were only trying to defend themselves. In those cases, the legal justification of self-defense would apply to an assault charge in the state of Texas. This defense needs to be specifically asserted, however, and the best defense will include investigation into the circumstances, the background of the alleged victim, surveillance footage, witness interviews and more investigative fact-collection. Learn more about the Self-Defense justification here.

Defending Other People: Defense of Third Persons

Texas law also provides a defense to prosecution that the conduct is justified under the Defense of Third Persons doctrine. Learn more about Defense of Third Persons here.

Protection of Life or Health

The Penal Code provides a defense for situations in which you are attempting to protect a person from harming themselves, for the use of force to protect your property or someone else’s property, and for consent situations (like mutual combat). Learn more about these other defenses here.

Whatever your best defense strategy, the preparation for your defense often starts even before the case begins. From the moment that the police initiate an investigation or make an arrest, we have work to do. If you want to win your case, then we must do our own investigation. The state has police and investigators of their own working for them to gather evidence to support their case. We can’t afford to let their evidence stand uncontroverted.

As a client, you will benefit from the investigative resources of the entire law firm. We have a team of dedicated professionals, including paralegals, investigators, and forensic experts. Our attorneys utilize our team’s extensive investigative experience to perform the ground work that makes our cases strong.

How much does a lawyer charge for an Assault case in Dallas, Texas?

You can expect to pay from $2,500 to $10,000 for Assault in Dallas. Fees on these cases vary so widely because the punishment range varies so much. Most attorneys will charge less for misdemeanor-level Assault cases, while felony-level cases command a higher fee.

Many lawyers will charge a separate trial fee, pre-arrest representation fee or pre-indictment representation fee.

What to Do if Falsely Accused of Assault in Dallas

Even if someone has falsely accused you of Assault, you should nevertheless still always take this charge very seriously. You may think that the state may “drop charges” against you because you are innocent. But absent effective advocacy by a lawyer, the state will often take the case to trial and let the jury decide.

If the state has charged you with Assault, or if you are under investigation for the offense, then you should book an appointment or call us as soon as possible to speak with one of our Dallas Assault attorneys.

How can you modify your Dallas bond conditions after an Assault arrest?

Start by consulting with your Dallas Assault attorney. Work closely with your attorney to build a compelling case for the requested modifications.

Your attorney will file either a motion or a writ of habeas corpus requesting a modification of your bond conditions. The motion or writ outlines the specific changes you are seeking and the reasons for the requested modification.

The judge will ultimately decide whether to approve the requested modifications. They will consider factors such as the nature of the charges, your criminal history, the risk to public safety, and other relevant circumstances. Keep in mind that the judge will base the decision on a careful evaluation of the facts and circumstances of your case.

What happens at a Dallas arraignment?

At your arraignment, a Dallas judge will hear your plea of not guilty. In Dallas, you may not have an attorney at your initial arraignment. However, the court will not hear a guilty plea prior to your being represented by counsel. In addition, the court may also set bail and bond conditions if you have not already received them.

If the police have arrested you for Assault, then Texas Code of Criminal Procedure §17.40 requires Dallas judges to “impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community” to secure your attendance at trial. If the state alleges that you violated those bond conditions, then the Dallas Sheriff’s Office can immediately return you to custody. Accordingly, judges have very broad power in determining bail conditions and bond amounts.

What is the most common sentence for Dallas Assault charge in Dallas?

The Penal code defines the range of punishment for Assault convictions. The Penal Code classifies the punishment for Assault as a Class A misdemeanor, second degree felony, or third degree felony, depending on the circumstances.

However, the actual punishment you receive will vary significantly based on a number of circumstances, including your prior criminal history and the circumstances of the offense. With this in mind, you can learn about the penalties that apply to all Texas convictions for Assault here. Otherwise, to learn more about what kind of punishment is typical in Dallas Assault cases, call us to schedule a consultation or book online.

Furthermore, all good Dallas Assault attorneys will also advise you on the collateral consequences of a Assault conviction. Collateral consequences are penalties derived from convictions that are not necessarily part of the penal code punishment. For Assault offeneses, collateral consequences can include things professional license suspensions, immigration conseequences, and consequences in civil court proceedings like divorces and civil suits.

What are the defenses to Assault, like the law of self-defense?

The law provides several defenses to people charged with Assault as well, such as “self-defense” or “consent.” Learn more about the defenses to Assault.

Is there a difference between Assault and Battery?

While some other states have criminal charges that distinguish between Assault and Battery as separate charges, Texas merges them under § 22.01 of the Penal Code. Consequently, they are treated as one single offense.

Are you unsure about the charges filed against you? Feel free to reach out. A significant part of our work involves educating clients about their cases, what the charges mean for them, and how we can develop a plan to navigate these challenges and avoid potential penalties.

What are the collateral consequences of an Assault Family Violence conviction?

Overall, considering collateral consequences, the government views assaulting a family member as a more serious crime than assaulting a stranger. Judges often issue emergency protective orders (EPOs) in family violence cases that prohibit defendants from returning home and sometimes even prevent them from seeing their children. If children were present during the incident, Texas Child Protective Services (CPS) may also investigate.

In divorce court, a family violence conviction can result in the denial of child custody and the restriction of visitation rights. Such a conviction can also lead to a permanent loss of firearm possession for any reason. If you’re in the military, you may face discharge; if you’re in law enforcement, you could be reassigned or fired.

A family violence conviction might cost you a professional license or, if you’re a skilled tradesperson, prevent you from being bonded. It will appear on your criminal record and show up in pre-employment and pre-leasing background checks.

Non-citizens convicted of family violence may be denied a green card or deported and refused re-entry.

Even a conviction for the lowest level of family violence assault can lead to future misdemeanor family violence or stalking charges being prosecuted and punished as third-degree felonies. Additionally, it permanently disqualifies you from obtaining an order of non-disclosure if you successfully complete deferred adjudication probation for any offense in the future.

Are you under investigation for Assault? Should you cooperate with the police investigation?

We have assisted our clients through many difficult police interrogations. Although we do not always recommend consenting to an interrogation, occasionally we recognize circumstances where consenting to an interrogation may serve your best interest. However, you should never do a police interview without your Dallas Assault lawyer present.

An arrest for Assault can drastically change your life, even if a court dismisses your case. Do not hesitate to contact us immediately if you are under investigation.

In some cases we have communicated directly with law enforcement authorities on behalf of our clients instead of consenting to a direct interrogation. In general, we recommend avoiding police interrogations because of the extreme level of stress that you will likely experience. Even if you are innocent, the Dallas police and the community will likely judge the way you act and what you say negatively. We must carefully consider this because this negative perception will almost certainly impact your final case disposition. As your Dallas Assault attorney, we can assist you in these difficult circumstances.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Dallas Assault lawyers, then you should probably get to know us!

The Saputo Toufexis | Criminal Defense Lawyers

Paul Saputo and Nicholas Toufexis are partners at Saputo Toufexis | Criminal Defense PLLC and lead the entire trial team at the firm.

Mr. Saputo has practiced throughout Texas in more than fifty Texas state and federal courts and developed groundbreaking innovations in defense strategies and tactics. After graduating from the elite Duke University School of Law, a nationally recognized top-ten law school, Mr. Saputo started his career at Vinson & Elkins. More about Paul Saputo…

Mr. Toufexis is a veteran of the United States Navy and a graduate of SMU Dedman School of Law. He has dedicated his entire legal career to criminal defense, and has been with the firm since law school. Recently named a partner, Nick has achieved exceptional results in and out of court for years. More about Nick…

Awards

Numerous organizations have awarded Mr. Saputo recognition for his outstanding criminal defense work, for example:

• Martindale-Hubbell® AV Preeminent™ Rating
• Recognized by Super Lawyers®
• Consistently recognized by D Magazine in “Best Lawyers” for Criminal Defense
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: White Collar practice area.

Paul Saputo was voted one of the Three Best Rated Criminal Defense Lawyers in Dallas

More Awards & Recognition…

Nicholas Toufexis has likewise received many distinctions as well.

• Recognized by Super Lawyers®
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: DWI/DUI practice area.

Victories

The Dallas Assault attorneys at Saputo Toufexis | Criminal Defense PLLC have obtained hundreds of victories in complex criminal litigation across Texas. Our victories include Not Guilty verdicts by jury acquittals, directed verdicts of Not Guilty, as well as both conditional and unconditional dismissals.

For descriptions and some details about example victories, visit our page on Notable Victories.

Reviews

One example review from a real client:

Paul Saputo is a great attorney to have in your corner to be able to fight for you and handle your cases. How he does so is in a very fashionable manner. I have no complaints. After dealing with different attorneys…I can say Paul Saputo is one of the best.

– Real client review posted on the Saputo Toufexis | Criminal Defense PLLC Google Profile.

See more client reviews and testimonials here.

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Legal References:

^1. Texas Penal Code §22.01.